Tag Archives: selling rights

Writers Losing Rights

This is of concern to all writers in Canada, and really elsewhere though the issue of moral rights is called differently in other countries. Following is a letter I drafted and sent to various organizations (PWAC, Canadian Authors Association, League of Canadian Poets, Canadian Writers Union, Writers Guild of Canada, Canadian Poetry Association). If you are a writer in Canada and want to maintain the integrity of your piece and the right to have your name attributed to it, then you should be very concerned with CBC’s rules in their contest and the taking of moral rights. If you are part of a writer’s organization, please voice your concerns to your executive.

Dear members of the writing community;

 

CBC has long supported the arts with various programs including contests. Last year I noticed a contest for a poem on Mark Forsyth’s BC Almanac (Radio One). But when I read the rules and regulations CBC asked for all rights, including moral rights. I thought and hoped that this might just be an error, not to be repeated.

 

However, this year, CBC has been advertising Canada Writes, geared specifically towards writers. The full rules and regulations can be found at: http://www.cbc.ca/canadawrites/rules.html. The paragraph that concerned me was found under 4. Registration:

 

Entry forms become the property of CBC, free of any compensation or charges, and will not be returned to contestants. All submissions must be original and not infringe copyright or the rights of any other party, individual or otherwise, including but not limited to any person, group, entity, or company. By entering the contest, each participant shall waive any and all moral rightsover his/her entry and grant CBC an irrevocable licence to use of the work on-air or online: the entries may be read and aired on CBC Radio One in whole or in part, or online, on any websites or platforms related to the CBC, without any compensation being payable to the participant.

 

While it is not uncommon for some contests to ask for all publishing rights in return for a contest prize, it is highly unusual to ask for moral rights. Any reputable publisher will not ask for such rights and CBC taking this precedent is dangerous. The issue of rights is a complicated and often confusing one. I am no copyright lawyer but as a writer and artist I am concerned with this requirement by CBC. Below is a definition of moral rights:

 

http://www.nolo.com/definition.cfm/Term/D4718204-9904-42DF-8A5C84A64827173D/alpha/M/

In copyright law, rights guaranteed authors by the Berne Convention that are considered personal to the author and that cannot therefore be bought, sold or transferred. Moral rights include the right to proclaim authorship of a work, disclaim authorship of a work and object to any modification or use of the work that would be injurious to the author’s reputation.

 

This is of such concern to me that I cannot conscionably sit back as either a writer or as the president of SF Canada without bringing it to people’s attention. On January 19, I emailed CBC expressing my concerns. I heard nothing. Again I wrote on January 30, asking for a response and should I not receive one by February 6 I would contact as many Canadian writers’ organizations as possible. (If you would like to see a copy of those letters, please contact me and I will send them.)

 

If we ignore this, we set up a precedent for artists losing moral rights, where their works can be altered or attributed to someone else at the whim of the owner. If your organization has already been in contact with CBC and has any news on this issue, I would be interested in hearing what is happening.

 

Over the years, in various ways writers’ works and rights have been jeopardized. With a united voice I believe we can stop this trend and educate people before it becomes entrenched. I must say on a personal level that I am shocked and saddened that CBC would stoop to this level and I sincerely hope it is just the work of overzealous lawyers and can be circumvented.

 

I look forward to talking more with you and finding a solution.

 

Regards,

 

 

Colleen Anderson

President

SF Canada

 

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Writing: Bitter Writer?

Back in September I wrote the blog Writing: Things to Watch Out For https://colleenanderson.wordpress.com/wp-admin/post.php?action=edit&post=445 On my other blog I received a letter titled “Bitter Writer Syndrome” a while back but didn’t get time to comment until now. Well, I pissed off Mr. Hobbes, and he was correct in that I presumed he was the head of Hobbes End Publishing, but at the time when I did research through the internet I didn’t find that information. Hobbes End website now mentions that Jairus Reddy is the publisher. http://hobbesendpublishing.com/index.html

So let’s look at Mr. Hobbes’ comments. (I have posted his full letter at the end so I can’t be accused of unfavorable editing.) “Being paid for one’s writing (rare in the industry) is not prostitution, but professionalism.” It is a matter of perspective and really we can all say we prostitute ourselves whenever we sell something for money, whether our services or our art. Of course what I meant was, selling oneself too cheaply. And yes, new writers do need to start somewhere and $100 is decent for 1,500 words but not for 30,000. Being paid for one’s writing is not rare in the industry. Book publishers, respectable book publishers, do it all the time. Just ask Random House, Bantam, Tor, Baen or any of the big name speculative publishers (or mainstream too).

Then he says: “The reason publishers ask for all rights is something that might be above your understanding.” It’s very well within my understanding and what Mr. Hobbes does not know is that in fact respectable publishers, as the ones named above do not take all rights. In fact, you can look at many smaller publishers such as Edge Publishing, Bundoran Press, Nightshade Books, etc. and none of them take all rights. I think it is he who is under the veil of misunderstanding.

Next he comments that the anthology he is editing “will also be highly publicized and promoted, which I can say most publishers don’t do. Many thousands of dollars will be spent doing so. Also, since you have not read our contract, you wouldn’t know what offers we are making towards secondary rights.” Any publisher who wants to stay in business promotes. But let’s look at Mr. Hobbes’ (along with authors Benoit and Palmer) first book Exiles in Time: The Contrived Senator. I did a google search of his name and the two titles for the book. I found the publisher’s website and of course the book listed on various online bookselling sites, such as Amazon. Granted that advertising also means ads in magazines, other print formats and local areas, I can’t know how much the publisher has put into this book. But of the four reviews on Amazon for the book, two were by the Reddys, owners of Hobbes End. I could find no review anywhere else and certainly not on any of the normal SF review sites. So uh, highly publicized? I also have to wonder what could possibly be their “secondary rights” after they’ve taken all of the rights. That’s a mystery that Mr. Hobbes didn’t elucidate.

“You mention, over and over again, magazines. However, this is not a magazine. This is for a novel.” That’s even sadder, taking all rights on a 30,000 word story as opposed to a 200 word article, not that one is better than the other. And I did, in my post, talk about publishers of magazines and books, who really don’t take all rights except for a few exceptions. He also says: “The financial risk is to the publisher—the opportunity is to the writer. Unlike a magazine, which is taken off the shelves monthly, this one will stay in publication indefinitely.” Except the writer also has a financial risk in trying to sell their work and get paid what they’re worth. And Mr. Hobbes is wrong. Books in chain stores also get taken off the shelves monthly or even after two weeks. Places like Chapters will keep a small smattering of some titles. Privately owned bookstores will keep books longer on the shelves and likewise for magazines that may not be monthly; some of them will keep these till they sell them all. It varies. The only guarantee is to have your book on Amazon, listed with thousands of others, whether self-published, small press published or major book published.

Mr. Hobbes added: “However, I have seven more [books] coming out next year, three of which are through major publishers.” I did a search and have found nothing listed but I no longer get the sneak previews into the upcoming  lists as I did when I was a book buyer. However, nothing is listed except the co-authored books on the Hobbes End site. I’ve found no other info. I have no idea what the quality of the writing is in these books or where else he’ll be published. Eventually, I’m sure we’ll see the lists and it’s up to each person what they think of a story. That is very prolific and Mr. Hobbes should be congratulated on completing three books plus the co-authoring of the others (which he didn’t mention they were co-authored).

He ends with a good thrust: “It sounds as if you suffer from ‘Bitter Writer Syndrome’. It happens to the best of writers who don’t seem to understand the risks publishers take to make it in the industry. Blaming publishers for not paying them ‘what they are worth’ is curable. If you want to ‘make it’ in this industry, I suggest you research before you post such nonsense.”

 Bitter writer? Nah. I’ve published enough and work on my novel. I’m about where my energies have taken me. And I’m afraid I understand the industry much better than Mr. Hobbes does and I know that buying all rights is not the norm nor fair. Buying all rights in perpetuity for a hundred bucks is not something I would ever do, even if I was selling my first piece. And over the years of selling pieces I have been careful not to sell to such rights. It’s one reason I pulled my poem from Sotto Voce, because I could not agree to their selection of rights.

As I said before, each person must make their own decision on what to give away and what to sell, and for how much. I do apologize to Mr. Hobbes for saying he owned the company but I would also suggest that perhaps he was just a bit bitter himself about my comments. And in reality, it all boils down to taking all rights which I caution writers to think more than twice about before they do it. But I don’t think I’ll be submitting to Hobbes End, not that they’d buy anything from me now anyways. 🙂

Bitter Writer Syndrome?

In response to your blog, “Things to Watch out for”—

You begin by stating that $100.00 is not a fair price. Everyone who has submitted thus far has had no issue with making money for their writing. Few writers do, and the intent with this project is to help out first time authors. Being paid for one’s writing (rare in the industry) is not prostitution, but professionalism.

The ad is clear and any writer who has a problem with ‘all rights’ is welcome to not submit. The reason publishers ask for all rights is something that might be above your understanding. The financial burden taken on by publishers is insane. Editors, printing, distribution and promotions add up. A writer is always welcome to self-publish if he or she worries about such things.

Each of our writers for this anthology will receive credit for their work. They will also be highly publicized and promoted, which I can say most publishers don’t do. Many thousands of dollars will be spent doing so. Also, since you have not read our contract, you wouldn’t know what offers we are making towards secondary rights.

Hobbes End Publishing is not a new publishing company. And your comment about ‘pros not submitting’ is uncalled for, since the point of this project is not for the pros, but for new writers.

You mention, over and over again, magazines. However, this is not a magazine. This is for a novel. It will receive major distribution and advertising. This will not only give authors opportunity to break into the industry, but give them the chance that other publishers, and magazines, don’t allow. The financial risk is to the publisher—the opportunity is to the writer. Unlike a magazine, which is taken off the shelves monthly, this one will stay in publication indefinitely.

What you should be complaining about are the publishers who make writer’s pay for their work to be published.

I have had one novel published by Hobbes End Publishing, you are correct. However, I have seven more coming out next year, three of which are through major publishers.

Also, make sure to check your facts. I have no ties to Hobbes End Publishing, with the exception of writing for them. I am not an owner and in no way control their agreements amongst writers. Please check your facts before stating what you do not know about. The company was simply named after a story I wrote.

It sounds as if you suffer from ‘Bitter Writer Syndrome’. It happens to the best of writers who don’t seem to understand the risks publishers take to make it in the industry. Blaming publishers for not paying them ‘what they are worth’ is curable.

If you want to ‘make it’ in this industry, I suggest you research before you post such nonsense.

Sincerely,
Vincent Hobbes

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